Combined Synopsis Solicitation DamWatch Updated.pdf

Solicitation No. 140R8120Q0371 DamWatch

COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number 140R8120Q0371 DamWatch is being issued as a request for quotation (RFQ). All responsible sources may submit a quote. The Period of Performance is September 15, 2020 through September 14, 2024.

2. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07 Effective Date 08-31-2020.This is a total small business set-aside under North American Industry Classification System (NAICS) 511210 with an associated small business size standard of $41.5M.

3. FAR Clauses 52.212-1, 52.212-2, 52.212-3, 52.212-4 and 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions please see https://www.acquisition.gov/content/regulations. The Government contemplates an award of a Firm-Fixed-Price purchase order contract, with the exception of travel which will be Time-and-Materials, resulting from this solicitation. This combined synopsis & solicitation notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ close date will be considered by the Bureau of Reclamation.

4. Description of Services: The purpose of this requirement is to provide a DamWatch software/service or equivalent web-based monitoring software solution that empowers dam owners to predict, identify, prepare manage, and record potentially destructive environmental events (See Attached PWS). This includes software that proactively monitors, in real time, dam infrastructure to better protect against hazardous, costly, and potentially catastrophic events.

Reclamation is requesting software that centralizes and makes accessible all database and geospatial information through an interactive web interface.

DamWatch or equivalent software must access, digitize, and securely store all files and data (plans, photos, reports, inspections, and project files, etc.) Easy retrieval of vital dam records is especially important as the volume of data grows and dams age, and for providing information to new employees and sponsors who are not familiar with a dam.

5. The Government will award a single purchase order contract resulting from this RFQ to the responsible offeror whose offer represents the Best Value in terms of technical capability, past performance, and price.

6. Offerors must submit representations and certifications in accordance with the provision at FAR 52.212-3 Offeror Representations and Certifications

Commercial Item. (Accessible at the FAR Site, https://www.acquisition.gov/content/regulations.

7. Submit the following documents in response to this RFQ:

a. Quotation Cover Page

b. Technical Capability Statement

c. Past Performance

d. Price Quotation

8. All RFQ questions are due by September 8, 2020 at 14:00 pm (MST). Written, signed offers on a company letterhead with contact information are due no later than September 11, 2020 at 12:00 pm (MST) by electronic mail to tdawley@usbr.gov. For information regarding this Request for Quotation, please contact Tracey Dawley, Contract Specialist at 303-445-2430.

BASE PERIOD (SERVICES FROM 09/15/2020 – 09/14/2021)

CLIN Services Qty & Unit Unit Price Amount

00010

Base Year DamWatch Service. Must meet specifications required in accordance with (IAW) the Performance Work Statement dated August 1, 2020.

1 AU $ $

BASE PERIOD (SERVICES FROM 09/15/2020 – 09/14/2021)

CLIN Services Qty & Unit Unit Price Amount

00020

Travel. This CLIN is Not-To-Exceed (NTE) and Time and Materials. Must meet specifications IAW the Performance Work Statement dated August 1, 2020. All travel must be in accordance with Federal Travel Regulations and only actual expenses will be reimbursed. The Government will complete the amounts at award or modify after award if travel becomes necessary.

1 AU $ $

https://www.acquisition.gov/content/regulations

OPTION YEAR 1 (SERVICES FROM 09/15/2021 – 09/14/2022)

CLIN Services Qty & Unit

Unit Price Amount

00030

Option Year 1 DamWatch Service.

Must meet specifications required IAW the Performance Work Statement dated August 1, 2020.

1 AU $ $

OPTION YEAR 1 (SERVICES FROM 09/15/2021 – 09/14/2022)

CLIN Services Qty & Unit Unit Price Amount

00040

Travel. This CLIN is Not-To-Exceed (NTE) and Time and Materials. Must meet specifications IAW the Performance Work Statement dated August 1, 2020. All travel must be in accordance with Federal Travel Regulations and only actual expenses will be reimbursed. The Government will complete the amounts at award or modify after award if travel becomes necessary.

1 AU $ $

OPTION YEAR 2 (SERVICES FROM 09/15/2022 – 09/14/2023)

CLIN Services Qty & Unit

Unit Price Amount

00050

Option Year 2 DamWatch Service.

Must meet specifications required IAW the Performance Work Statement dated August 1, 2020.

1 AU $ $

OPTION YEAR 2 (SERVICES FROM 09/15/2022 – 09/14/2023)

CLIN Services Qty & Unit Unit Price Amount

00060

Travel. This CLIN is Not-To-Exceed (NTE) and Time and Materials. Must meet specifications IAW the Performance Work Statement dated August 1, 2020. All travel must be in accordance with Federal Travel Regulations and only actual expenses will be reimbursed. The Government will complete the amounts at award or modify after award if travel becomes necessary.

1 AU $ $

OPTION YEAR 3 (SERVICES FROM 09/15/2023 – 09/14/2024)

CLIN Services Qty & Unit

Unit Price Amount

00070

Option Year 3 DamWatch Service.

Must meet specifications required IAW the Performance Work Statement dated August 1, 2020.

1 AU $ $

OPTION YEAR 3 (SERVICES FROM 09/15/2023 – 09/14/2024)

CLIN Services Qty & Unit Unit Price Amount

00080

Travel. This CLIN is Not-To-Exceed (NTE) and Time and Materials. Must meet specifications IAW the Performance Work Statement dated August 1, 2020. All travel must be in accordance with Federal Travel Regulations and only actual expenses will be reimbursed. The Government will complete the amounts at award or modify after award if travel becomes necessary.

1 AU $ $

Total Price (Base Year and all Option Years, all CLINs): $__________

Note: (All travel will be reimbursed in accordance with General Service Administration’s Federal Travel Regulations accessible at www.gsa.gov/ftr, and must receive prior approval from the designated Contracting Officer’s Representative (COR) or Contracting Officer (CO).

Total price includes all applicable fees and taxes.

FOB: Destination

Requesting Office:

Department of Interior Bureau of Reclamation Dam Safety Office Building 67, 9th Floor PO Box 25007 (86-71000) Denver, CO 80225-0007 http://www.gsa.gov/ftr

The provision at 52.212-1, Instructions to Offerors-Commercial applies to this acquisition. Addendum to 52.212-1 substitutes the term “quote” where the term “offer” appears in the provision.

By the provision at 52.212-2, Evaluation-Commercial Items, technical capability and Past Performance are significantly more important than price to meet the described government need. The following addendum to 52.212-2 applies: WBR 1452.225-82 Notice of World Trade Organizations Government Procurement Agreement Evaluations.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Written Technical approach that demonstrates full understanding of the scope of work. Submit as part of Volume I – Technical Quote Key Personnel and Experience (limited to 10 pages). Submit as part of Volume I

2. Past performance on relevant and currency of past projects (limited to 3 past projects at no more than 2 pages of each description each), in addition to independent government inquiry of the Contractor Performance Assessment Reports System (CPARS) and the Federal Awardee Performance Information System (FAPIIS). Submit as part of volume I.

3. Price Quote: All proposed prices will be reviewed for price reasonableness and any instances of unbalanced pricing. The price component to be used in any tradeoff or award consideration purposes is the total price for the base year and all option years, excluding the Travel CLINs.

4. The government will perform an evaluation where technical approach, key personnel/Experience, and past performance, when combined, are significantly more important than price and select the offer that provides the best value.

5. Both the Technical Proposal (25-page maximum) and Pricing Proposal should be submitted as separate documents.

IMPORTANT: No pricing information Shall be included in Volume I.

The provision at 52.212-3, Offeror Representations and Certifications must be completed and be active online at http://www.sam.gov. Prospective contractor is advised to ensure that the NAICS code identified for this procurement is contained in its online representations and certifications in the System for Award Management registry.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Items applies. The Clause 52.212-4 – Alternate I applies to the Travel CLINs. The following addenda to 52.212-4 apply: 52.223-18 Contractor Policy to Ban Text Messaging while Driving;

WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace.

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS-INVOICE PROCESSING PLATFORM (IPP) APR 2013)

http://www.sam.gov/

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

The Contractor shall also submit an electronic copy of the IPP invoice to the Procurement Technician via dzabransky@usbr.gov or doinvoices@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

ADDENDUM TO 52.212-3

52.204-24 Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— http://www.ipp.gov/ mailto:ippgroup@bos.frb.org mailto:dzabransky@usbr.gov mailto:doinvoices@usbr.gov https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that— https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-4 Alternate I (Jan 2017). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause. (a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance.

The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit.

Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the

Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

As used in this clause-

(i) “Direct materials” means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) “Hourly rate” means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are- (A) Performed by the contractor;

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the

Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) “Direct materials” means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) “Hourly rate” means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) “Materials” means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) “Subcontract” means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contractor a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended, and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs;

and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the

Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six-month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the

Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(End of clause)

The following select clauses at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, apply to this acquisition:

52.219-6, Notice of Total Small Business Set-Aside.

WBR 1452.223-82 -- PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC

FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE -

BUREAU OF RECLAMATION (OCT 1998)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) This restriction does not apply in designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts,and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area.

(c) Smoking may also be restricted at doorways and in courtyards under executive branch control in order to protect workers and visitors from environmental tobacco smoke.

(End of clause)

WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations--Bureau of Reclamation (May 2005)

In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in FAR 25.402(b) without regard to the restrictions of the Buy American Act.

(End of Provision)

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK

Department of the Interior, Bureau of Reclamation (Reclamation)

Performance Work Statement

Software Dam Monitoring

Tool

August 1, 2020

Version 2.0

Contents

1.0 Scope and Objectives

2.0 Period of Performance

3.0 Travel

4.0 Capabilities and Configuration

5.0 Testing

6.0 Training

7.0 Operations, Maintenance, and Hosting Support

8.0 Project Management

9.0 Government Furnished Equipment

10.0 Place of Performance

11.0 Format for all Documentation Delivered

12.0 Type of Contract

13.0 Government Personnel

14.0 Legal Holidays

15.0 Section 508 of the Rehabilitation Act of 1973 (29 U.S.D. 794D)

16.0 Performance Metrics

17.0 Performance Requirements

18.0 Acceptance Criteria

1.0 Scope and Objectives

Objectives

• Implement a Dam Safety Monitoring/Asset Management software product called DamWatch or equal product. The application is a commercially available application Dams require some custom configuration for use by Reclamation. The DamWatch application provides a web-based, dam monitoring and dam document management system capable of monitoring Reclamation dams system wide.

• DamWatch stores and provides dam safety information for remote access (while in the office or field) by authorized Reclamation personnel and authorized contractors.

Scope

• Implement the DamWatch web-based, dam monitoring and dam documentation management tool for a four (4) year pilot.

• DamWatch will collect real-time data from sources such as the National Weather Service (NWS), National Oceanic and Atmospheric Administration (NOAA), Reclamation and United State Geologic Service (USGS) to compare against thresholds assigned by Reclamation in the DamWatch application.

• The system will not require the installation and/or maintenance of instrumentation at any or all dam sites; however, the system can accommodate data feeds from dam sites with instrumentation.

• The DamWatch application will provide access to all pertinent information to authorized end-users given various read-only and editor permissions roles in compliance with Reclamation protocols.

• The DamWatch application will allow users with administrative privileges to access the system’s administrative interface so they can manage user profiles, create application use reports, and access archived data.

• The DamWatch application will support the ability of users to view o Structural details such as geometrics, spillway, storage, general information o Event/ticket information for informational tickets, monitoring, inspections, maintenance or breach o Documents such as inspection reports, emergency action plans (EAPs), operation and maintenance manuals (OMMs), site plans, etc.

o Alerts for radar, gages, devices and simulations, etc.

o Gage information associated with each dam/structure o Navigational/routing.

• The system will use a GIS-enabled interface and will have the ability to select geospatial layers for overlay viewing. This will include real-time one-hour and storm total accumulated NEXRAD precipitation estimates, NWS forecast precipitation predictions, real-time hydrologic review using USGS streamflow data, real-time peak ground acceleration (PGA) for seismic events using USGS Shake-Cast data, and real-time snow melt estimates using NSIDC Snow Data Assimilation System (SNODAS) Data.

• The system will maintain a database of user profiles associated with the dams monitored by the system.

• The system will have the capability to issue alerts and other notifications (including messaging and event simulations) simultaneously to all users subscribed to alerts and notifications. The alert and notification system must allow for easy and efficient Reclamation management including managing (document and close) multiple alerts simultaneously, archiving alerts for review and accessibility by administrators, and messaging broadcast via multiple forms of media / communication.

• The system will provide a framework for importing arbitrary devices into the system. System administrators will be able to import devices through a web form available on the System Administrator panel. There will also an option to upload numerous devices at once via Excel spreadsheet or through a web scraping tool. The device manager allows imported devices to be used in a configured pipeline that consists of three steps: device retrieval, measurement extraction, and event generation. Device retrieval is a configurable framework that allows for setting time-based and other parameters, such as device information, on data product requests to minimize the amount of excess data retrieved while still making continuous requests to the data source. Measurement extraction is the processing of data product files and generation of measurements used to monitor for alert notifications, and event generation is the process of creating and dispatching those notifications.

2.0 Period of…